Neutral Citation No. - 2025:AHC:64524 Court No. - 87 Case :- APPLICATION U/S 482 No. - 33008 of 2024 Applicant :- Devendra Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishek Mishra Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J. 1. Heard Sri Abhishek Mishra, learned counsel for the applicant and learned A.G.A. for the State- opposite party and perused the record. 2. This application under Section 482 Cr.P.C. has been filed with the request to quash the entire proceeding of Criminal Complaint No. 658 of 2016 (Suresh Chandra vs. Devendra), Under Section 406 I.P.C., Police Station Akrabad, impugned summoning order dated 05.04.2023 as well as impugned N.B.W. order dated 23.08.2024 pending in the Court of learned Judicial Magistrate, Civil Judge (Junior Divison), F.T.C., Court No. 2, Aligarh. 3. The submission of learned counsel for the applicant is that a complaint was filed by opposite party no. 2 on 23.08.2016 with the allegation that a tractor was purchased by father of opposite party no. 2 late Netrapal Singh and late Jawahar Singh as well as applicant jointly by taking loan from Canara Bank Branch Akrabad, District Aligarh in the year 2006, the tractor was owned by all the three persons. On 28.08.2009 applicant took the tractor stating that he will return in 3-4 days but neither the same was returned nor the applicant has given any detail of income from the tractor nor the profit was shared. Opposite party no. 2 presume that the tractor might have been sold, therefore, instant application has been filed. Further submission is that complaint filed by the opposite party is highly belated. Further submission is that learned Magistrate proceeded with the complaint and after taking evidence under sections 200 and 202 of the Cr.P.C. has passed the impugned order summoning applicant to face trial under section 406 I.P.C. and thereafter on 23.08.2024 N.B.W. was issued by the Judicial Magistrate without properly appreciating the evidence, therefore, the criminal proceeding is liable to be quashed. 4. Further submission of learned counsel for the applicant is that without the knowledge of applicant, father of opposite party no. 2 late Netrapal Singh and one late Jawahar Singh had mortgaged the property of the applicant with ulterior motive and purchased tractor on loan, applicant had never mortgaged his property to purchase the tractor. Further submission is that instant complaint has been filed by the opposite party no. 2 just to save himself from the liability of the loan. 5. Per contra, learned AGA submits that the applicant bought the tractor alongwith two other peoples, out of which two of them had died, however tractor which has been purchased, has been sold by the applicant and had not share the money with other co-owners and aggrieved with the same opposite party no. 2 who is son of one of the owner who died earlier, has filed the instant complaint, and therefore, no interference is required by this Court in the instant matter. 6. Considered the submission advanced on behalf of both the parties and having perused the material brought on record, I do not find any illegality, incorrectness or impropriety in the order impugned passed by the learned Magistrate and there seem to be no abuse of the Court's process also, therefore, the prayer for quashing of complaint case no. 658 of 2016 (Suresh Chandra vs. Devendra), Under Section 406 I.P.C., Police Station Akrabad, impugned summoning order dated 05.04.2023 as well as impugned N.B.W. order dated 23.08.2024 pending in the Court of learned Judicial Magistrate, Civil Judge (Junior Divison), F.T.C., Court No. 2, Aligarh, is refused. 7. Application filed under section 482 Cr.P.C. lacks merit and is accordingly dismissed. Order Date :- 23.4.2025 Bhanu Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad